Bharatiya Nyaya Sanhita, 2023
Section 151
Assaulting President, Governor, etc., with intent to compel or restrain exercise of any
, with intent to compel or restrain exercise of any lawful power.—Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This provision descends from Section 124 of the Indian Penal Code, 1860, which was enacted to protect the highest constitutional offices from coercion. The idea is that the President and Governors must be free to exercise their constitutional powers — like giving assent to bills, appointing officials, or exercising discretion — without being physically threatened or forced by anyone seeking to control the outcome. It safeguards the independence and dignity of these offices, which are central to India's constitutional governance.
Common misconceptions
- Myth: Any protest near the President or Governor's residence violates this law.
Fact: The law only applies when there is assault, wrongful restraint, or a show of criminal force done specifically to compel or stop the use of a lawful power — peaceful protest without force or that intent does not qualify. - Myth: This section covers insults or criticism of the President or Governor.
Fact: It only covers physical force, wrongful confinement, or threats of force intended to control an official act — verbal criticism or defamation is dealt with under separate laws.